Palakdhari Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1851 of 2018 Arising Out of PS.Case No. -501 Year- 2017 Thana -KAHALGAON District- BHAGALPUR ====================================================== Palakdhari Mandal son of late Ram Mandal resident of village -Shahpur, P.S. Ghogha, District - Bhagalpur. .... .... Petitioner.

Versus

The State of Bihar. .... .... Opposite Party. ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Jha, Adv. For the Opposite Party/s : Mr. Pradeep Narain Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Kahalgaon P.S. Case No. 501 of 2017 registered under Sections 188 and 290 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 11.8 liters of country made liquor is said to have been recovered from the 'Machan' of the petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has been falsely implicated in this case. He has no criminal antecedent. The petitioner has been languishing in custody since 18.09.2017. In the facts and circumstances of the case, the

Patna High Court Cr.Misc. No.1851 of 2018 (02) dt.23-01-2018 2/ 2 above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise), Bhagalpur in connection with Kahalgaon (Ghogha) P.S. Case No.501 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T